The rise of transparency in international arbitration

: the case for the anonymous publication of arbitral awards / Alberto Malatesta, Rinaldo Sali, editors. - Huntington : Juris, c2013. - xxxii, 196 p. ; 24 cm. - ISBN 978-1-937518-23-3

One of the objectives of this book is to spur discussion and to shed new light on the traditional idea of confidentiality in international commercial arbitration. Although the tradition is sometimes founded upon sound reasons that cannot be ignored or totally set aside, it must be reconsidered by taking into account the rise of transparency. The other objective is to make a specific proposal to deviate from the general rule regarding the publication of awards. In this respect, the main outcome is the Guidelines for the Anonymous Publication of Arbitral Awards, already adopted and put into practice by the Milan Chamber. The Guidelines are addressed to institutions, practitioners and scholars with the goal to favor the circulation of awards and related decisions.



About the editorsv
About the contributorsvii
FOREWORD (Fausto Pocar)xv
INTRODUCTION - Balancing Confidentiality and Transparency (Stefano Azzali)xix
Chapter 1 - Presenting the Guidelines for the Publication of Arbitral Awards: Aiming to the Circulation of a Solid Arbitral Case Law (Paolo Comoglio and Chiara Roncarolo)1
Chapter 2 - Confidentiality in International Commercial Arbitration (Alberto Malatesta)39
Chapter 3 - The Case for the Publication of Arbitral Awards (Alexis Mourre)53
Chapter 4 - Transparency and Confidentiality: How and Why to Publish Arbitration
Decisions (Rinaido Sali)73
Chapter 5 - Users Need More Transparency in International Arbitration (Michael Mcllwrath and Roland Schroeder)87
Chapter 6 - The ICSID Approach to Publication of Information in Investor-State
Arbitration (Meg Kinn ear, Eloise Obadia and Michael Ga gain)107
Chapter 7 - Confidentiality in ICC Arbitration (Andrea Carlevaris)123
Chapter 8 - Confidentiality in the Arbitration Rules of the Milan Chamber (Benedetta Coppo)137
Appendix A - International Law Association Recommendations on “Confidentiality in
International Commercial Arbitration”157
Appendix B - Bibliography on Confidentiality in Arbitration (Edited by the Studies and Documentation Centre of the Milan Chamber
of Arbitration)179